California: Dismissal of Lien Claim for Failure to Appear

California: Dismissal of Lien Claim for Failure to Appear

Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services:

Liens; Dismissal of Lien for Failure to Appear. WCAB affirmed WCJ’s order dismissing lien claimant’s lien for failure to appear at lien conference, failing to timely object to Notice of Intent to dismiss lien, and failure to state good cause for not appearing at conference, and held that WCJ could consider sanctions for lien claimant’s failure to appear, when lien claimant stated that its failure to appear was due to “inadvertence” but did not indicate nature of claimed “inadvertence,” and WCAB found that lien claimant’s failures to appear at multiple conferences in different cases demonstrated a pattern, and that there was no merit to lien claimant’s contention that defendant had a duty to contact it regarding conference. See Capone panel decision.

Reminder: Be sure to check the subsequent history of a case before citing to it.

© Copyright 2012 LexisNexis. All rights reserved. This case summary will appear in a forthcoming issue of the California WCAB Noteworthy Panel Decisions Reporter (LexisNexis).

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